An activist has filed a petition with the Environment and Land Court in Nairobi seeking the demolition of a church built within the Drive Inn Primary School compound in Ruaraka Constituency.
Ezekiel Otieno alleges that the school’s managing board misused public property by permitting the Ministry of Repentance and Holiness Mathare North Church to construct the building without public participation or civic education.
Otieno contends that the construction violated the rights of the students and contravened Article 10 (2) of the Kenyan Constitution, which requires public involvement in decisions affecting public land.
He now wants the court to order that the construction was done contrary to the law and was carried out without public participation by failing to engage the residents of Ruaraka area together with the parents and stakeholders of Drive Inn Primary School.
“An order be and hereby issued directing the demolition of the permanent structure that has been erected on the land owned by Drive Inn Primary School within 14 days after judgment,” Read the court papers.
He also alleges that his requests for information about the construction were ignored, further violating principles of transparency and accountability.
“The Respondents intentionally failed to involve the people through a public participation and civic education programs thereby evading accountability, transparency and working on the subject properties in blatant violation of the basic national values and principles of governance as enshrined in Article 10 (2) of the Constitution of Kenya,” he argues.
Judge Joseph Oguttu Mboya has deemed the matter urgent and ordered Otieno to serve the petition to the respondents, who must respond within seven days.
No interim orders were issued as the church is currently occupying part of the disputed property.
“In the meantime, no Interim Order(s) commend themselves unto the court in so far as the First Respondent is stated to be in occupation of a portion of the Suit Property and hence the same ( 1st Respondent) deserves to be heard beforehand,” ruled Oguttu.
